Texas 2017 - 85th Regular

Texas House Bill HB1435 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	85R22999 GRM-D
2	2	By: Wu H.B. No. 1435
3	3	Substitute the following for H.B. No. 1435:
4	4	By: Farrar C.S.H.B. No. 1435
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to commencement and prosecution of certain actions by and
10	10	to investigations conducted by district and county attorneys under
11	11	the Deceptive Trade Practices-Consumer Protection Act.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subchapter E, Chapter 17, Business & Commerce
14	14	Code, is amended by adding Section 17.463 to read as follows:
15	15	Sec. 17.463. PRODUCTION, SALE, DISTRIBUTION, OR PROMOTION
16	16	OF CERTAIN SYNTHETIC SUBSTANCES. (a) This section applies only to
17	17	an act described by Section 17.46(b)(31).
18	18	(b) Subject to Subsection (e) and except as otherwise
19	19	provided by this section, an act to which this section applies is
20	20	subject to action by a district or county attorney under Sections
21	21	17.47, 17.58, 17.60, and 17.61 to the same extent as the act is
22	22	subject to action by the consumer protection division under those
23	23	sections.
24	24	(c) If a district or county attorney, under the authority of
25	25	this section, accepts assurance of voluntary compliance under
26	26	Section 17.58, the district or county attorney must file the
27	27	assurance of voluntary compliance in the district court in the
28	28	county in which the alleged violator resides or does business.
29	29	(d) If a district or county attorney, under the authority of
30	30	this section, executes and serves a civil investigative demand and
31	31	files a petition described by Section 17.61(g), the petition must
32	32	be filed in the district court in the county where the parties
33	33	reside.
34	34	(e) A district or county attorney may act under this section
35	35	so long as the consumer protection division does not intend to act
36	36	with respect to that matter.
37	37	(f) Notwithstanding any other law, in an action brought by a
38	38	district or county attorney under this section, all settlements or
39	39	penalties collected by the district or county attorney shall be
40	40	divided between the state and the county in which the attorney
41	41	brought suit, with:
42	42	(1) 50 percent of the amount collected paid to the
43	43	comptroller for deposit to the credit of the basic civil legal
44	44	services account established by Section 51.943, Government Code;
45	45	and
46	46	(2) 50 percent of the amount collected paid to the
47	47	county.
48	48	SECTION 2. Subchapter E, Chapter 17, Business & Commerce
49	49	Code, is amended by adding Section 17.463 to read as follows:
50	50	Sec. 17.463. PRODUCTION, SALE, DISTRIBUTION, OR PROMOTION
51	51	OF CERTAIN SYNTHETIC SUBSTANCES. (a) This section applies only to
52	52	an act described by Section 17.46(b)(30).
53	53	(b) Subject to Subsection (e) and except as otherwise
54	54	provided by this section, an act to which this section applies is
55	55	subject to action by a district or county attorney under Sections
56	56	17.47, 17.58, 17.60, and 17.61 to the same extent as the act is
57	57	subject to action by the consumer protection division under those
58	58	sections.
59	59	(c) If a district or county attorney, under the authority of
60	60	this section, accepts assurance of voluntary compliance under
61	61	Section 17.58, the district or county attorney must file the
62	62	assurance of voluntary compliance in the district court in the
63	63	county in which the alleged violator resides or does business.
64	64	(d) If a district or county attorney, under the authority of
65	65	this section, executes and serves a civil investigative demand and
66	66	files a petition described by Section 17.61(g), the petition must
67	67	be filed in the district court in the county where the parties
68	68	reside.
69	69	(e) A district or county attorney may act under this section
70	70	so long as the consumer protection division does not intend to act
71	71	with respect to that matter.
72	72	(f) Notwithstanding any other law, in an action brought by a
73	73	district or county attorney under this section, all settlements or
74	74	penalties collected by the district or county attorney shall be
75	75	divided between the state and the county in which the attorney
76	76	brought suit, with:
77	77	(1) 50 percent of the amount collected paid to the
78	78	comptroller for deposit to the credit of the basic civil legal
79	79	services account established by Section 51.943, Government Code;
80	80	and
81	81	(2) 50 percent of the amount collected paid to the
82	82	county.
83	83	SECTION 3. This Act applies only to conduct that occurs on
84	84	or after the effective date of this Act.
85	85	SECTION 4. (a) Section 1 of this Act takes effect only if
86	86	the Act of the 85th Legislature, Regular Session, 2017, relating to
87	87	nonsubstantive additions to and corrections in enacted codes
88	88	becomes law.
89	89	(b) Section 2 of this Act takes effect only if the Act of the
90	90	85th Legislature, Regular Session, 2017, relating to
91	91	nonsubstantive additions to and corrections in enacted codes does
92	92	not become law.
93	93	SECTION 5. This Act takes effect September 1, 2017.